Districts keep right to use corporal punishment

Local districts keep right to use paddleTexas AG was asked to clarify a law defining who may use corporal punishment

POLLY ROSS HUGHES, Copyright 2005 Houston Chronicle Austin Bureau

Published 6:30 am, Tuesday, November 8, 2005

AUSTIN - Local school districts did not lose their right to use corporal punishment under a new state law that defines who may spank a child, according to an opinion issued Monday by Texas Attorney General Greg Abbott.

Dutton's bill states that corporal punishment can be used "only" by parents, grandparents, stepparents or a guardian who has a duty to control or reasonably discipline a child.

"House Bill 383 recognizes an express right in certain persons to use corporal punishment in the reasonable discipline of a child," Abbott wrote. "It does not prohibit the use of corporal punishment by school districts."

The Houston Independent School District stopped paddling in 1997 and banned corporal punishment in 2001.

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Dutton said he has no quarrel with Abbott's opinion, although he wasn't thinking about schools when he wrote the bill.

Rather, he was trying to protect the right of parents to discipline their children without fear that child protective services would remove them from the home.

"There was some confusion as to whether or not a parent can use corporal punishment to discipline their child," he said. "Parents wanted the affirmative right to use corporal punishment. We don't want the government stepping in."

In supporting his opinion, Abbott noted a House debate between Rep. Robert Talton, R-Pasadena, and Dutton. Dutton had assured Talton, "that is correct" when Talton asked whether school districts could still use corporal punishment.

Marchman said school districts individually set discipline policies, including whether to use corporal punishment and whether to seek a parent's permission first.

"Our position is that is a local decision. Schools and communities can best determine the needs of their students. The districts that use corporal punishment or principals that use it say it is a last resort," said Archie McAfee, executive director of the Texas Association of Secondary School Principals.